What should I do after a “Slip and Fall” Incident to protect my rights?
Inspect the area where you fell. Try to determine what caused you to fall. If there are witnesses, be sure and get their names and addresses. This includes not only anyone who actually saw you fall, but also anyone who happened upon the scene right after you fell, and who might have overheard the owner […]
What if the injury occurs at work?
In North Carolina if a slip and fall injury occurs during the course and scope of employment, it is covered by Workers’ Compensation, which is the exclusive remedy. However, if a third party, such as a bottled water company making a delivery, causes the accident, the third party may be legally responsible for your injuries. […]
What is a “Slip and Fall?”
“Slip and fall” or “trip and fall” are generic terms used to describe an injury or accident which occurs due to slipping or tripping and falling as a result of a dangerous or hazardous condition on someone else’s property. It includes falls in supermarkets, as well as falls resulting from water, ice or snow and […]
Things to Avoid.
Be very careful about signing any statement regarding the incident. Make sure all errors are corrected and all pertinent facts included before signing anything. It is usually best to avoid giving a recorded statement, since wily adjusters may be able to induce you to make a damaging admission, or to minimize your injury.
Recoverable Damages
In general, if the plaintiff can prove that the owner is legally liable for the injury, the following types of damages may be recovered:
medical bills incurred as a result of the accident (even if covered by your own insurance)
gross lost earnings or income for time lost from work (includes time lost even if you took […]
What is a Dangerous or Hazardous Condition?
Property owners are legally responsible for injuries occurring as the result of dangerous or hazardous conditions on their property only when the property owner knew of the condition, or through the exercise of due care should have known of the condition.
The hazard may be obvious (such as a broken stair or darkened stairway) or hidden […]
What if the injury occurs at a friends house?
If the friend is a homeowner, he or she may have homeowner’s insurance to handle the claim. Renters may have renters insurance for the same purpose. Even if there is no legal liability, such insurance policies often contain “medical payments ” insurance coverage which will pay, up to the coverage limits, medical bills incurred as […]
If I pursue a claim against the landowner, what are the main defenses to the suit?
Obviously, the first and most frequently encountered defense is that of contributory negligence, which completely bars the claim if proved. Even the slightest inattention on your part may be enough to defeat your claim. This is especially true where the hazardous condition is “open and obvious.”
If the condition was temporary, such as spilled liquid, the […]